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Case TitleCLEAR et al v. U.S. Customs and Border Protection
DistrictEastern District of New York
CityBrooklyn
Case Number1:2019cv07079
Date Filed2019-12-18
Date Closed2023-08-28
JudgeMagistrate Judge Ramon E. Reyes, Jr
PlaintiffCLEAR
PlaintiffAmerican Civil Liberties Union
PlaintiffAmerican Civil Liberties Union Foundation
Case DescriptionCreating Law Enforcement Accountability and Responsibility Project of Main Street Legal Services and the ACLU submitted requests to U.S. Customs and Border Protection for records relating to the Tactical Terrorism Response Team, a component of CBP that targets people with valid travel documents that present security risks. CLEAR and the ACLU also requested a fee waiver. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, CLEAR and the ACLU filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantU.S. Customs and Border Protection
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [54]
Opinion/Order [65]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-12-181COMPLAINT against U.S. Customs and Border Protection filing fee $ 400, receipt number ANYEDC-12169447 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by CLEAR, American Civil Liberties Union Foundation, American Civil Liberties Union. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet, # 4 Proposed Summons) (Kim, Scarlet) (Entered: 12/18/2019)
2019-12-20Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. All questions *** INCLUDING the CERTIFICATION OF ARBITRATION ELIGIBILITY*** section on the second page needs to be answered. Please resubmit corrected Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (Bowens, Priscilla) (Entered: 12/20/2019)
2019-12-202Civil Cover Sheet.. Re 1 Complaint, by American Civil Liberties Union, American Civil Liberties Union Foundation, CLEAR (Kim, Scarlet) (Entered: 12/20/2019)
2019-12-20Case assigned to Judge I. Leo Glasser and Magistrate Judge Ramon E. Reyes, Jr. Please download and review the Individual Practices of the assigned Judges, located on our website . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) (Entered: 12/26/2019)
2019-12-203Summons Issued as to U.S. Customs and Border Protection, U.S. Attorney and U.S. Attorney General (Bowens, Priscilla) (Entered: 12/26/2019)
2019-12-264In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) (Entered: 12/26/2019)
2019-12-265This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Entered: 12/26/2019)
2020-01-096SUMMONS Returned Executed by CLEAR, American Civil Liberties Union Foundation, American Civil Liberties Union. U.S. Customs and Border Protection served on 1/9/2020, answer due 3/9/2020. (Kim, Scarlet) (Entered: 01/09/2020)
2020-01-29Case Reassigned to Judge Eric R. Komitee. Judge I. Leo Glasser no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our website . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Mahoney, Brenna) (Entered: 01/29/2020)
2020-02-047NOTICE of Appearance by Farzin Franklin Amanat on behalf of All Defendants (aty to be noticed) (Amanat, Farzin) (Entered: 02/04/2020)
2020-02-048MOTION for Extension of Time to File Answer re 1 Complaint, seeking an extension of 30 days, from 2/12/20 to 3/13/20, for the Government to answer or otherwise move in response to the complaint in this FOIA action. Respectfully submitted by U.S. Customs and Border Protection. (Amanat, Farzin) (Entered: 02/04/2020)
2020-02-049RESPONSE in Opposition re 8 MOTION for Extension of Time to File Answer re 1 Complaint, seeking an extension of 30 days, from 2/12/20 to 3/13/20, for the Government to answer or otherwise move in response to the complaint in this FOIA action. Respectfully submitted by CLEAR, American Civil Liberties Union Foundation, American Civil Liberties Union filed by American Civil Liberties Union, American Civil Liberties Union Foundation, CLEAR. (Kim, Scarlet) (Entered: 02/04/2020)
2020-02-05ORDER granting 8 Motion for Extension of Time to Answer U.S. Customs and Border Protection answer due 3/13/2020. NO FURTHER EXTENSIONS WILL BE PERMITTED. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 2/5/2020. (Reyes, Ramon) (Entered: 02/05/2020)
2020-02-0510NOTICE of Appearance by Robert Hodgson on behalf of American Civil Liberties Union, American Civil Liberties Union Foundation, CLEAR (aty to be noticed) (Hodgson, Robert) (Entered: 02/05/2020)
2020-02-0511NOTICE of Appearance by Christopher T Dunn on behalf of American Civil Liberties Union, American Civil Liberties Union Foundation, CLEAR (aty to be noticed) (Dunn, Christopher) (Entered: 02/05/2020)
2020-03-1312ANSWER to 1 Complaint, by U.S. Customs and Border Protection. (Amanat, Farzin) (Entered: 03/13/2020)
2020-03-2313SCHEDULING ORDER: Telephone Initial Conference set for 4/14/2020 at 2:00 PM before Magistrate Judge Ramon E. Reyes, Jr. The attorneys are directed to use the Toll-free number 1-888-684-8852 and Access Code 5496961# to participate in the scheduled telephone conference. Any requests for adjournment must be made in writing on notice to opposing parties, and must disclose whether all parties consent. No request for adjournment will be considered unless made at least forty-eight (48) hours before the scheduled conference. Prior to the conference, the parties are to comply with the requirements of Rule 26(f) of the Fed. R. Civ. P. (See attached blank document) Case Management Statement must be completed and filed on ECF no later than 4/9/2020. Counsel with knowledge and authority must be present. Per diem counsel may not appear without prior permission of the Court. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 3/23/2020. (Vertus, Miriam) (Entered: 03/23/2020)
2020-04-0614CASE MANAGEMENT STATEMENT filed by U.S. Customs and Border Protection, STATUS REPORT by U.S. Customs and Border Protection (Amanat, Farzin) (Entered: 04/06/2020)
2020-04-0815CASE MANAGEMENT STATEMENT filed by CLEAR, American Civil Liberties Union Foundation, American Civil Liberties Union (Kim, Scarlet) (Entered: 04/08/2020)
2020-04-14Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr.:Telephone Initial Conference held on 4/14/2020. Appearances: Scarlet Kim, Esq. and Patrick Toomey for Plaintiffs; AUSA Frank Amanat, Esq. for Defendant. Discussions held. The parties are directed to file an agreed-upon production schedule along the lines discussed by 4/17/2020. (AT&T #2:00:00-2:30:00) (Meyer, Elise) (Entered: 04/14/2020)
2020-04-1516NOTICE of Appearance by Patrick Christopher Toomey on behalf of All Plaintiffs (aty to be noticed) (Toomey, Patrick) (Entered: 04/15/2020)
2020-04-1617CASE MANAGEMENT STATEMENT (Joint) filed by CLEAR, American Civil Liberties Union Foundation, American Civil Liberties Union (Kim, Scarlet) (Entered: 04/16/2020)
2020-04-20SCHEDULING ORDER: granting re 17 Case Management Statement: The following schedule for the search, processing, and production of remaining records responsive to Plaintiffs' FOIA request: By May 29, 2020, CBP will complete its processing and production of the 400 to 500 pages it has already located.; By July 31, 2020, CBP will complete its search, processing, and production of all remaining records responsive to Plaintiffs FOIA request;By August 15, 2020, CBP will produce to Plaintiffs a Vaughn index identifying or describing the records it has withheld in full.; a joint status report updating the Court on CBP's search, processing, and production of responsive records by June 19, 2020.; joint status report following the completion of production updating the Court on how they intend to proceed by September 1, 2020. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 4/20/2020. (Vertus, Miriam) (Entered: 04/20/2020)
2020-05-1918TRANSCRIPT of Proceedings held on April 14, 2020, before Judge Reyes. Court Reporter/Transcriber Fiore Reporting and Transcription Service, Inc., Telephone number 203-929-9992. Email address: cmfiore@sbcglobal.net. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 6/9/2020. Redacted Transcript Deadline set for 6/19/2020. Release of Transcript Restriction set for 8/17/2020. (Hong, Loan) (Entered: 05/19/2020)
2020-06-1919STATUS REPORT (Joint) by American Civil Liberties Union, American Civil Liberties Union Foundation, CLEAR (Kim, Scarlet) (Entered: 06/19/2020)
2020-07-1420NOTICE of Appearance by Kathleen Anne Mahoney on behalf of U.S. Customs and Border Protection (aty to be noticed) (Mahoney, Kathleen) (Entered: 07/14/2020)
2020-07-1521MOTION to Withdraw as Attorney by U.S. Customs and Border Protection. (Amanat, Farzin) (Entered: 07/15/2020)
2020-07-15ORDER granting 21 Motion to Withdraw as Attorney. Attorney Farzin Franklin Amanat terminated. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 7/15/2020. (Vertus, Miriam) (Entered: 07/15/2020)
2020-07-2922Letter MOTION for Extension of Time to File /complete production of records by U.S. Customs and Border Protection. (Mahoney, Kathleen) (Entered: 07/29/2020)
2020-08-05ORDER granting 22 Motion for Extension of Time to complete production of records. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 8/5/2020. (Vertus, Miriam) (Entered: 08/05/2020)
2020-08-2823CONSENT to Jurisdiction by US Magistrate Judge by U.S. Customs and Border Protection. (Mahoney, Kathleen) (Entered: 08/28/2020)
2020-08-31Case no longer referred to Magistrate Judge Ramon E. Reyes, Jr. (Ramesar, Thameera) (Entered: 08/31/2020)
2020-08-3124CONSENT to Jurisdiction by US Magistrate Judge Case reassigned to Magistrate Judge Ramon E. Reyes, Jr for all further proceedings. Judge Eric R. Komitee no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our website . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Ramesar, Thameera) (Entered: 08/31/2020)
2020-09-0125STATUS REPORT Joint status letter by U.S. Customs and Border Protection (Mahoney, Kathleen) (Entered: 09/01/2020)
2020-09-01SCHEDULING ORDER: The parties may dispense with the pre-motion conference letter. The Court adopts the briefing schedule set out by the parties in their 25 Joint Status Letter. Defendant to its Motion for Summary Judgment by 10/16/2020. Plaintiffs to serve their cross-motion and their opposition to Defendant's motion by 11/20/2020. Defendant to serve its reply and opposition to Plaintiffs' motion by 12/18/2020. Plaintiffs to serve their reply by 1/15/2021. The parties are directed to file the fully briefed motions by 1/18/2021. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 9/1/2020. (Meyer, Elise) (Entered: 09/01/2020)
2020-10-1426Letter MOTION for Extension of Time to File /Serve Motion - one week on on consent - with revised proposed briefing schedule by U.S. Customs and Border Protection. (Mahoney, Kathleen) (Entered: 10/14/2020)
2020-10-15ORDER granting 26 Motion for Extension of Time to File Summary Judgment. Revised briefing schedule: Defendant to serve its Motion for Summary Judgment by 10/23/2020. Plaintiffs to serve their cross-motion and their opposition to Defendant's motion by 12/4/2020. Defendant to serve its reply and opposition to Plaintiffs' motion by 1/4/2021. Plaintiffs to serve their reply by 2/1/2021. The parties are directed to file the fully briefed motions by 2/2/2021. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 10/14/2020. (Vertus, Miriam) (Entered: 10/15/2020)
2020-10-2327Letter to Plaintiffs' counsel serving Defendant's motion for summary judgment (via USAfx) by U.S. Customs and Border Protection (Mahoney, Kathleen) (Entered: 10/23/2020)
2020-12-0428Letter to Defendant's counsel serving Plaintiffs' Cross-Motion for Summary Judgment (via email) by American Civil Liberties Union, American Civil Liberties Union Foundation, CLEAR (Kim, Scarlet) (Entered: 12/04/2020)
2020-12-2929Letter MOTION for Extension of Time to File Response/Reply to serve Defendant's reply and opposition to cross-motion (and corresponding extension of remainder of briefing schedule) - on consent by U.S. Customs and Border Protection. (Mahoney, Kathleen) (Entered: 12/29/2020)
2020-12-30ORDER granting 29 Motion for Extension of Time to File Response/Reply. Reply due by 1/21/2021. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 12/30/2020. (Reyes, Ramon) (Entered: 12/30/2020)
2021-01-2230Letter to Plaintiffs' counsel serving the Memorandum of Law in Further Support of Defendant's Motion for Summary Judgment and Opposition to Plaintiffs' Cross-Motion for Summary Judgment (served 1/21/21) by U.S. Customs and Border Protection (Mahoney, Kathleen) (Entered: 01/22/2021)
2021-02-1931Letter to Defendant's counsel serving Plaintiffs' Reply in Support of Their Cross-Motion for Summary Judgment (via email) by American Civil Liberties Union, American Civil Liberties Union Foundation, CLEAR (Kim, Scarlet) (Entered: 02/19/2021)
2021-02-2132MOTION for Summary Judgment by U.S. Customs and Border Protection. (Mahoney, Kathleen) (Entered: 02/21/2021)
2021-02-2133RULE 56.1 STATEMENT re 32 MOTION for Summary Judgment Defendant's Statement Purusant ot Local Civil Rule 56.1 filed by U.S. Customs and Border Protection. (Mahoney, Kathleen) (Entered: 02/21/2021)
2021-02-2134MEMORANDUM in Support re 32 MOTION for Summary Judgment Memorandum of Law in Support of Defendant's Motion for Summary Judgment filed by U.S. Customs and Border Protection. (Mahoney, Kathleen) (Entered: 02/21/2021)
2021-02-2135AFFIDAVIT/DECLARATION in Support re 32 MOTION for Summary Judgment Declaration of Patrick Howard and Exhibits A to D filed by U.S. Customs and Border Protection. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Mahoney, Kathleen) (Entered: 02/21/2021)
2021-02-2136AFFIDAVIT/DECLARATION in Support re 32 MOTION for Summary Judgment Declaration of Patrick Howard with Exhibits E to I filed by U.S. Customs and Border Protection. (Attachments: # 1 Exhibit E, # 2 Exhibit F, # 3 Exhibit G, # 4 Exhibit H, # 5 Exhibit I) (Mahoney, Kathleen) (Entered: 02/21/2021)
2021-02-2137AFFIDAVIT/DECLARATION in Support re 32 MOTION for Summary Judgment Declaration of Patrick Howard with Exhibit J (Parts 1, 2, 3) filed by U.S. Customs and Border Protection. (Attachments: # 1 Exhibit J - Part 1, # 2 Exhibit J - Part 2, # 3 Exhibit J - Part 3) (Mahoney, Kathleen) (Entered: 02/21/2021)
2021-02-2138AFFIDAVIT/DECLARATION in Support re 32 MOTION for Summary Judgment Declaration of Patrick Howard with Exhibits K and L (Part 1 and 2) filed by U.S. Customs and Border Protection. (Attachments: # 1 Exhibit K, # 2 Exhibit L - Part 1, # 3 Exhibit L - Part 2) (Mahoney, Kathleen) (Entered: 02/21/2021)
2021-02-2139AFFIDAVIT/DECLARATION in Support re 32 MOTION for Summary Judgment Declaration of Patrick Howard with Exhibit L Parts 3 and 4 and Exhibit M filed by U.S. Customs and Border Protection. (Attachments: # 1 Exhibit L - Part 3, # 2 Exhibit L - Part 4, # 3 Exhibit M) (Mahoney, Kathleen) (Entered: 02/21/2021)
2021-02-2140AFFIDAVIT/DECLARATION in Support re 32 MOTION for Summary Judgment Declaration of Assistant U.S. Attorney Kathleen A. Mahoney with Exhibits A and B filed by U.S. Customs and Border Protection. (Mahoney, Kathleen) (Entered: 02/21/2021)
2021-02-2141Cross MOTION for Summary Judgment Plaintiffs' Notice of Motion by U.S. Customs and Border Protection. (Mahoney, Kathleen) (Entered: 02/21/2021)
2021-02-2142RULE 56.1 STATEMENT re 32 MOTION for Summary Judgment Plaintiffs' Response to Defendant's Statement of Facts filed by U.S. Customs and Border Protection. (Mahoney, Kathleen) (Entered: 02/21/2021)
2021-02-2143MEMORANDUM in Support re 41 Cross MOTION for Summary Judgment Plaintiffs' Notice of Motion Memorandum of Law in Support of Plaintiffs' Cross-Motion filed by U.S. Customs and Border Protection. (Mahoney, Kathleen) (Entered: 02/21/2021)
2021-02-2144AFFIDAVIT/DECLARATION in Support re 41 Cross MOTION for Summary Judgment Plaintiffs' Notice of Motion Declaration of Scarlet Kim filed by U.S. Customs and Border Protection. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8) (Mahoney, Kathleen) (Entered: 02/21/2021)
2021-02-2145REPLY in Support re 32 MOTION for Summary Judgment Memorandum of Law in Further Support of Defendant's Motion for Summary Judgment and in Opposition to Plaintiffs' Cross-Motion for Summary Judgment filed by U.S. Customs and Border Protection. (Mahoney, Kathleen) (Entered: 02/21/2021)
2021-02-2146REPLY in Support re 41 Cross MOTION for Summary Judgment Plaintiffs' Notice of Motion Plaintiffs' Reply in Support of their Cross-Motion for Summary Judgment filed by U.S. Customs and Border Protection. (Mahoney, Kathleen) (Entered: 02/21/2021)
2021-02-2147Letter to Honorable Ramon E. Reyes, Jr. requesting waiver of the requirement to provide courtesy copies and listing the documents filed comprising the parties' respective motions for summary judgment by U.S. Customs and Border Protection (Mahoney, Kathleen) (Entered: 02/21/2021)
2021-02-22ORDER granting re 47 Letter to Honorable Ramon E. Reyes, Jr. requesting waiver of the requirement to provide courtesy copies and listing the documents filed comprising the parties' respective motions for summary judgment. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 2/22/2021. (Vertus, Miriam) (Entered: 02/22/2021)
2021-02-2248Letter Requesting Oral Argument by American Civil Liberties Union, American Civil Liberties Union Foundation, CLEAR (Kim, Scarlet) (Entered: 02/22/2021)
2021-02-26SCHEDULING ORDER re 48 Letter filed by American Civil Liberties Union, American Civil Liberties Union Foundation, CLEAR: Video Conference set for 4/14/2021 at 11:00 AM before Magistrate Judge Ramon E. Reyes, Jr. The attorneys are directed to appear via video using the Microsoft Teams Meeting invitation link sent to the email addresses listed on the docket and all other participates may join by phone using the Toll number: 1 917-933-2166 and Phone Conference ID: 183 053 181#. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 2/25/2021. (Vertus, Miriam) (Entered: 02/26/2021)
2021-04-1349NOTICE of Appearance by Tarek Ziad Ismail on behalf of CLEAR (aty to be noticed) (Ismail, Tarek) (Entered: 04/13/2021)
2021-04-13SCHEDULING ORDER: Due to an unanticipated change in the Court's calendar, the April 14, 2021 oral argument is adjourned to April 26, 2021 at 10:00 AM before Magistrate Judge Ramon E. Reyes Jr. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 4/13/2021. (Reyes, Ramon) Modified on 4/14/2021 (Reyes, Ramon). (Entered: 04/13/2021)
2021-04-19NOTICE re; Video Oral Argument Hearing set for April 26, 2021 at 10:00 AM before Magistrate Judge Ramon E. Reyes, Jr. The attorneys are directed to appear via video using the Cisco Webex Meeting invitation link sent to the email addresses listed on the docket and all other participates may join by phone using the Toll number: 1-650-479-3207 and Access code: 160 234 3513. (Vertus, Miriam) (Entered: 04/19/2021)
2021-04-26Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr:Video Oral Argument Motion Hearing held on 4/26/2021. Case called. Plaintiff represented by Scarlet Kim, Patrick Toomey, and Tarek Ismail. Defendants represented by AUSA Kathleen Mahoney. Discussions held on the record re 48 Letter Requesting Oral Argument on the cross-motions for summary judgment, ECF Nos. 32 and 41 . AUSA Mahoney is directed to provide a hard copy of the said documents for an in camera review by the Court. Decision reserved. (FTR Log# Cisco Webex Meeting Video 10:00 AM-10:45 AM) Contact the E.S.R., Dept., at (718) 613-2590 to order the transcript. (Vertus, Miriam) (Entered: 04/26/2021)
2021-04-2950Letter to Honorable Ramon E. Reyes, Jr. identifying the documents Defendant respectfully requests be reviewed in camera by U.S. Customs and Border Protection (Mahoney, Kathleen) (Entered: 04/29/2021)
2021-04-3051Letter to Honorable Ramon E. Reyes, Jr. identifying the documents Plaintiffs respectfully request be reviewed in camera by American Civil Liberties Union, American Civil Liberties Union Foundation, CLEAR (Kim, Scarlet) (Entered: 04/30/2021)
2021-05-0752Letter to Honorable Ramon E. Reyes, Jr. enclosing documents for in camera review by U.S. Customs and Border Protection (Mahoney, Kathleen) (Entered: 05/07/2021)
2022-03-2953TRANSCRIPT of Proceedings held on April 26, 2021, before Judge Reyes. Court Reporter/Transcriber Transcriptions Plus II, Inc.. Email address: RL.Transcriptions2@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 4/19/2022. Redacted Transcript Deadline set for 4/29/2022. Release of Transcript Restriction set for 6/27/2022. (Hong, Loan) (Entered: 03/29/2022)
2022-03-31ORDER granting in part and denying in part 32 Motion for Summary Judgment; granting in part and denying in part 41 Motion for Summary Judgment. Written decision to follow. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 3/31/2022. (Reyes, Ramon) (Entered: 03/31/2022)
2022-11-0254MEMORANDUM AND ORDER re 32 & 41 Motions for Summary Judgment. For the reasons set forth herein, both parties' motions for summary judgment are granted in part and denied in part without prejudice. With respect to the adequacy of the Vaughn index and declaration, Plaintiffs' cross-motion is granted and Defendant's motion is denied. With respect to the propriety of invoking FOIA Exemptions to withhold information, Defendant's motion is granted, and Plaintiffs' motion is denied for records withheld under Exemption 7(E) and reviewed in camera , pending the release of segregable non-exempt information and submission of a segregability analysis, as detailed herein. The Court reserves judgment insofar as documents that were withheld under Exemptions 3 and 7(E) but not reviewed in camera . Lastly, with respect to whether non-exempt information was reasonably segregated and released, the Court reserves judgment. Defendant is directed to release all non-exempt and segregable information, submit an amended or supplemental Vaughn index and/or declaration that adequately establishes its Exemption 3 and 7(E) claims, and provide a reasonably specific segregability analysis. The segregabilty analysis must address all documents challenged in Plaintiffs' cross-motion, provide a detailed description of withheld information, and explain how non-exempt material is dispersed throughout each document. These must be submitted by December 16, 2022. The Court will hold a telephone conference to discuss further proceedings on December 27, 2022, at 12:00 P.M. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 11/2/2022. (BR) (Entered: 11/02/2022)
2022-11-0855MOTION to Adjourn Conference by American Civil Liberties Union, American Civil Liberties Union Foundation, CLEAR. (Kim, Scarlet) (Entered: 11/08/2022)
2022-11-10ORDER granting 55 Motion to Adjourn 12/27/22 Conference. Telephone Conference rescheduled for 1/5/2023 at 12:30 PM dialing 1-551-285-1373, Meeting ID: 16033432842, Passcode: 297706 to appear before Magistrate Judge Ramon E. Reyes, Jr. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 11/09/2022. (MV) (Entered: 11/10/2022)
2022-12-0256Letter MOTION for Extension of Time to File supplemental declarations and release reprocessed documents; and for adjournment of conference. Both requests on consent. by U.S. Customs and Border Protection. (Mahoney, Kathleen) (Entered: 12/02/2022)
2022-12-05ORDER granting 56 Motion for Extension of Time for Defendant United States Customs and Border Protection to make the releases and supplemental filings in accordance with Your Honor's Memorandum and Order dated November 2, 2022 (ECF #54) (Order). Ordered by Magistrate Judge Ramon E. Reyes, Jr on 12/4/2022. (MV) (Entered: 12/05/2022)
2022-12-05Set/Reset Hearings: The 1/5/2023 Telephone Conference is rescheduled for 2/7/2023 at 10:00 AM dialing 1-551-285-1373, Meeting ID: 16033432842, Passcode: 297706 to appear before Magistrate Judge Ramon E. Reyes, Jr. (MV) (Entered: 12/05/2022)
2023-01-1757Letter to Honorable Ramon E. Reyes, Jr. by U.S. Customs and Border Protection (Attachments: # 1 Declaration Supplemental Declaration of Patrick Howard, CBP, # 2 Declaration of Gregory M. Koch, Chief, Information Management Office, ODNI) (Mahoney, Kathleen) (Entered: 01/17/2023)
2023-01-19ORDER re 57 Letter, filed by U.S. Customs and Border Protection: Plaintiffs are directed to respond within thirty days. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 1/18/2023. (MV) (Entered: 01/19/2023)
2023-02-0358Consent MOTION to Adjourn Conference by American Civil Liberties Union, American Civil Liberties Union Foundation, CLEAR. (Kim, Scarlet) (Entered: 02/03/2023)
2023-02-03ORDER granting 58 Motion to Adjourn Conference. Telephone Conference rescheduled for 2/21/2023 at 12:30 PM dialing 1-551-285-1373, Meeting ID: 16033432842, Passcode: 297706 to appear before Magistrate Judge Ramon E. Reyes, Jr. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 2/3/2023. (MV) (Entered: 02/03/2023)
2023-02-0759Letter MOTION to Adjourn Conference schedule for February 21, 2023; on consent by U.S. Customs and Border Protection. (Mahoney, Kathleen) (Entered: 02/07/2023)
2023-02-08ORDER granting 59 Motion to Adjourn Conference. Telephone Conference rescheduled for 3/7/2023 at 10:30 AM dialing 1-551-285-1373, Meeting ID: 16033432842, Passcode: 297706 to appear before Magistrate Judge Ramon E. Reyes, Jr. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 2/8/2023. (MV) (Entered: 02/08/2023)
2023-02-1760Letter to Honorable Ramon E. Reyes, Jr. by American Civil Liberties Union, American Civil Liberties Union Foundation, CLEAR (Kim, Scarlet) (Entered: 02/17/2023)
2023-03-07Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr:Telephone Conference held on 3/7/2023. Case called. Appearances and discussions held on the record. Parties directed to submit either a Status Report or Stipulation of Dismissal on 5/12/2023. (FTR Log #RER Webex Audio.) Contact the E.S.R., Dept., at (718) 613-2590 to order the transcript. (MV) (Entered: 03/07/2023)
2023-05-1261STATUS REPORT - Joint by U.S. Customs and Border Protection (Mahoney, Kathleen) (Entered: 05/12/2023)
2023-05-15eORDER re 61 Status Report: A further status report or a proposed briefing schedule for a motion for attorneys' fees and costs in thirty-one days, i.e., by June 12, 2013. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 5/13/2023. (MV) (Entered: 05/15/2023)
2023-06-1262STATUS REPORT (Joint) by U.S. Customs and Border Protection (Mahoney, Kathleen) (Entered: 06/12/2023)
2023-06-13ORDER re 62 Status Report filed by U.S. Customs and Border Protection. Further Status Report or proposed briefing schedule for a motion for attorneys' fees and costs due by 7/12/2023. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 6/13/2023. (CG) (Entered: 06/13/2023)
2023-07-1263STATUS REPORT by U.S. Customs and Border Protection (Mahoney, Kathleen) Modified on 7/12/2023 (MV) to add MOTION for Extension of Time to File. (Entered: 07/12/2023)
2023-07-14ORDER granting 63 Motion for Extension of Time to File further status report or a proposed briefing schedule for a motion for attorneys' fees and costs in forty-five days, i.e., by August 25, 2023. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 7/13/2023. (MV) Modified on 7/14/2023 (MV). (Entered: 07/14/2023)
2023-08-2564Letter to Honorable Ramon E. Reyes, Jr. enclosing proposed Stipulation and Order of Dismissal and for Attorneys' Fees and Costs by U.S. Customs and Border Protection (Attachments: # 1 Proposed Order) (Mahoney, Kathleen) (Entered: 08/25/2023)
2023-08-2865ORDER DISMISSING CASE AND FOR ATTORNEYS' FEES AND COSTS. This action is dismissed with prejudice pursuant to Fed. R. Civ. P. 41(a)(1), provided that the Court shall retain jurisdiction over any issue that might arise relating to the enforcement of this Stipulation and Order. Pursuant to the FOIA, 5 U.S.C. § 552(a)(4)(E), as soon as reasonably practicable after the Court has approved and docketed this Stipulation and Order, Defendant shall pay to Plaintiffs the sum of $120,000.00 (One Hundred Twenty Thousand Dollars and No Cents) in attorneys' fees and litigation costs. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 8/28/2023. (CG) (Entered: 08/28/2023)
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